Recently, the state of Alabama passed its own immigration law, which some are calling one of the toughest laws in the country. The law easily passed through the Alabama legislature, following a recent ruling by the U.S. Supreme Court that upheld Arizona’s law to impose sanctions against businesses that hire undocumented workers. The Legal Worker’s Act of 2007 requires a loss of business license and fines for companies that violate the law.

The new immigration law in Alabama also requires businesses to use the E-Verify system, also known as the I-9 system, to verify that job applicants can legally work in the U.S. Additionally, the law also states that transporting or harboring an illegal immigrant is a crime. Similar to the Arizona law passed in 2010,law enforcement personal are able to ask for documentation if they suspect a person is not of  legal status.

Opponents of the E-Verify system point out the challenging position in which employers are placed. Before verifying the legal status of job applicants, the employer must first offer the person a job. If the person is not eligible to work in the U.S., the employer is obligated to inform the person of their rights. If the person does not speak English, the employer must read the rights in the person’s native language. Failing to comply with the statue can result in fines and business closure.

A good resource that helps Alabama employers find qualified workers and follow the law is I-9Compliance.com, an integrated solution that can manage the complex system of I-9 compliance. This web-based solution is capable of streamlining the E-Verify process in one or multiple locations.

As a designated agent, I-9Compliance.com recommends that employers also trace the social security number of a prospective applicant, where legality is a concern. The social security number trace is typically part of the standard pre-employment background check. This might help to determine if the social security number is valid.

A valid trace indicates the employer can conduct the E-Verify process. Typically, the process for a social security trace is less time consuming and can prevent non-compliance with the Alabama law. An invalid return on the social security number eliminates the need for the employer to follow-up with the E-Verify system after making a job offer to an ineligible applicant.

I-9Compliance.com is a designated E-Verify agent. Using an integrated system with the Department of Homeland Security ensures real-time confirmation and compliance if there are any changes to the law. This system also notifies employers when the documentation for current workers expire, providing ongoing compliance.

A bill approved by the Tennessee Legislature and expected to be signed by the governor will strengthen incentives for Tennessee employers to use the federal "E-Verify" employee verification system to bar illegal immigrants from obtaining legal employment within the state. E-Verify is a Department of Homeland Security program available over the Internet and administered in tandem with the Social Security Administration. The Tennessee Lawful Employment Act (TLEA), which covers newly hired employees, will take effect January 1, 2012.

In addition to state and local governments and agencies within Tennessee, private-sector employers with more than 499 employees will fall immediately under the new provisions in January; companies with between 200 and 499 employees will be covered by July 1, 2012; and all businesses staffed by six or more employees will be covered beginning January 1, 2013. Employers with fewer than six employees are exempt.

Affected employers will be required to either choose the E-Verify system or to gather state-approved documentation from prospective workers. The documentation may include a current U.S. passport; state-issued driver's license or non-driver's identification card; official birth certificate; certificate of naturalization; permanent resident card; work authorization; or certain other forms of identification. The allowed documentation under the TLEA will differ from current I-9 verification requirements only in that copies of the documents must be retained by the employer. This document retention is not required by the federal Immigrant Reform and Control Act.

Consistent with the new legislation and with federal law, employers who opt into the E-Verify system must apply it without exception to all new hires; it will not be possible to alternate between verification methods. Employers lacking Internet access will be permitted to use the Tennessee Department of Labor and Workforce Development (DoLWD) as their agent for employee registration and verification. Limited "safe harbor" protections are available for employers who have opted for E-Verify.

A provision in the law empowers lawful residents of Tennessee or federal agents to file complaints at the DoLWD against allegedly infringing employers. Older provisions have authorized only local or state officials to file such complaints. The DoLWD will investigate credible claims that an employer has violated the law by hiring ineligible persons.

An employer failing to follow the law will be subject to a minimum penalty of $1,000 for a first offense, rising another $500 for each additional employee or non-employee over the first for whom the employer has neglected to collect and maintain satisfactory documentation; a second offense will incur a minimum penalty of $2,000, rising another $1,000 for each additional violation. A third offense will increase the minimum penalty to $5,000, with $2,500 more for each additional violation. A non-employee is defined as any individual paid by the employer for independent contractor services.

Under current law, employers found in violation might temporarily or permanently lose their business licenses, depending upon the number of offenses committed within a three-year period.

The U.S. Supreme Court recently upheld an Arizona law which found that states could require the use of the federal government's "E-Verify" employment verification system in issuing business licenses in that state. In a complex decision, a divided 5-3 Supreme Court found that Arizona's law did not impinge on the federal government's sovereignty over immigration because it focused the granting or denial of business licenses, an activity which has traditionally been the responsibility of state governments. As predicted by both proponents and opponents of the Arizona law, many states are already beginning to follow Arizona's lead now that the Supreme Court has ruled in that state's favor.

One state which will now be checking up on the immigration status of its workers due to this decision is South Carolina. Shortly after the Supreme Court ruled in the Arizona case, South Carolina governor Nikki Haley sent a letter to Homeland Security Secretary Janet Napolitano (incidentally, a former Arizona governor) asking why the Department of Homeland Security was still refusing to release data from the E-Verify system to South Carolina government officials. This data would be used to more efficiently enforce a state law passed in 2008 authorizing use of the state's licensing authority to penalize employers that knowingly employ illegal workers. The Department of Homeland Security eventually responded, saying that the "Memorandum of Understanding" that is required to be acknowledged by all E-Verify users now covers the release of E-Verify data to the state of South Carolina. Homeland Security's statement on the matter also includes a complicated chart detailing what data in the E-Verify system can be legally released by employers.

Many critics of the original Arizona bill warn that the Supreme Court's decision has now opened up the door for a "patchwork" of state immigration laws: in short, fifty separate nations, all with separate regulations for employing foreign national workers. With the South Carolina law, like the Arizona law, authorizing the state to revoke a business's license (otherwise known as the "business death penalty") for employers who are found to have flagrantly violated local restrictions on illegal workers, it is absolutely vital to understand the complexities of the agreement between the Department of Homeland Security and the State of South Carolina. Unfortunately, until the federal government steps in with action to comprehensively reform the U.S. immigration system, the best thing employers can do is seek the aid of qualified advisors in verification compliance to ensure that they are not in danger of receiving the "death penalty" for their own businesses.

I-9compliance.com’s provides an electronic compliance solution to help you with your I-9 forms, keeping you ready to respond to any I-9 request by the government at a moment's notice. Visit I-9compliance.com and get started today.

The United States Citizenship and Immigration Service (USCIS) made a major announcement in February 2010 regarding employment authorization cards and advance parole documents. For many applicants in the process of filing Form I-485 Application to Register Permanent Residence or Adjust Status, the advance parole document allowing travel outside the United States will be eliminated. Instead of the separate document, a notation will be made on the employment authorization card when it is issued.

The new employment authorization document (EAD) looks almost exactly like the old card, but it includes a notation stating that the EAD also serves as document I-512 Advance Parole. The card will be able to be used by the applicant both for work and for international travel. One of the major reasons for the change is because the card is much more durable and more secure than the former paper advance parole document.

The new EAD and advance parole card will be issued when applicants file both Form I-765 Application for Employment Authorization and Form I-131 Application for Travel Document concurrently with Form I-485. If advance parole is applied for separately, USCIS will continue to issue the paper advance parole document rather than issuing an entirely new employment authorization card. The new card will continue to be eligible as a List A document on Form I-9. The employment authorization card will satisfy the List A eligibility requirement for I-9 compliance with or without the advance parole notation.

The back of the new EAD card remains the same. It includes the machine-readable zone (MRZ) on the back. It also remains only a temporary work authorization document with a clear expiration date. To legally work in the United States, document-holders must re-verify their status with their employers. To be assured of I-9 compliance, section 3 of the I-9 for re-verification must be completed after the expiration of the card. Alternatively, a new I-9 form can be completed. Employers must also keep a photocopy of the card in their records.

Under current immigration law, applicants who file Form I-485 to adjust their status are not allowed to exit and re-enter the United States. Leaving the country without the advance parole document is considered an act of abandoning the status adjustment in-progress. The new card with the advance parole notation will be requested upon re-entry to the United States and must be provided at the port-of-entry. The advance parole notation, however, does not guarantee entry should there be extenuating circumstances.

Ensuring that I-9 compliance is being managed consistently across your business is important, and becoming more important. Businesses that do not take proper measures to ensure that their employees are who they say they are may be accused of employing illegal immigrants. Today, the Department of Homeland Security is now involved in the process. On July 1, a new audit initiative was launched by the Immigration and Custom Enforcement (ICE) bureau, causing the government to take a more active role in the enforcement of I-9 compliance.

The new initiative has already led to investigations of hundreds of companies. A total of 652 businesses were recently audited by ICE agents. In the process, they went through a total of 85,000 Form I-9 documents. In the process, they found a total of 14,000 documents that they considered to be suspicious, which amounted to sixteen percent of the total. So far, at least 61 Notices of Intent to Fine were issued. The total number of fines owed currently stands at $2,310,255. A total of 267 cases are still pending, and ICE is only just getting started.

In order to protect your business from this threat, it is important to ensure that Form I-9 management is being undergone in a consistent and compliant fashion. If you have been postponing changes to your I-9 compliance system, now is the time to act. One of the best ways to get the work done is a way that is both fast and reliable is through the use of a system that allows you to electronically process your form I-9s.

One of the best options is the paperless management system offered by I-9Compliance.com. This provides a solution from people who are knowledgeable about the subject, who can give you a standardized system for I-9 compliance, and who allow you to improve the accessibility of your information.

The paperless system offers several benefits to those who choose to take advantage of it. The form completion is designed to make the Form I-9 much simpler to fill out. Each form is filled out in a manner that is consistent and standardized so that there are no conflicts. Legibility is drastically improved because of the removal of handwritten documents. Errors can be reduced, meaning that liability becomes less of a concern.

Furthermore, documents can be stored digitally and easily retrieved. Not only can new forms be stored this way, but old forms can be fed into the system. Documents are easily retrieved in the event of an audit. Worker information can be easily scanned and added into the system. Excessive paper use can also be reduced as a result.

The best part is that if there are any compliance issues, the system will automatically notify you of any changes that need to be made. Any documents that are about to expire will be identified and a clean database can be maintained.